FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC
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Return to:
Earl Barrett
Engineering Department
City of Clearwater
P. O. Box 4748
Clearwater, FI. 33758-4748
KEN BURKE, CLERK OF COURT
PINELLAS COUNTY FLORIDA
INST# 200724722407/2512007 at 11:20 AM
OFF REC BK: 15904 PG: 869-872
DocType:EAS RECORDING: $35.50
Parcel I. D. NO.08-29-15-17604-000-0030
-----"'-_._-.-_.,---,-,_._-,-,-"-,.,_._-~~~.
II DRAINAGE & UTILITY EASEMENT II
FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) in hand paid, the receipt of which is
hereby acknowledged, and the benefits to be derived therefrom, FLAMINGO BAY CONDOMINIUM
DEVELOPERS, LLC, a Florida limited liability company ("Grantor"). does hereby grant and convey to the CITY
OF CLEARWATER, FLORIDA, a Florida Municipal Corporation ("Grantee"), easement over, under and across the
following described land lying and being situate in the County of Pinellas, State of Florida, to wit:
A 15-FOOT DRAINAGE AND UTILITIES EASEMENT being legallv described and deoicted in
that certain attachment identified as DRAINAGE EASEMENT "A" (JOB NO. 040094) dated
05-22-07 as aooended hereto and bv this reference made a oart hereof.
Containing 150.00 square feet, more or less (the "easement oremises")
This easement is for drainage and utility installation and maintenance. The CITY OF CLEARWATER,
FLORIDA, shall have the right to enter upon the above-described easement premises to construct, install and
maintain therein stormwater drainage improvements and facilities and to inspect and alter such stormwater
improvements and facilities from time to time. Grantee shall be solely responsible for obtaining all governmental
and regulatory permits required to exercise the rights granted herein.
The CITY OF CLEARWATER, FLORIDA covenants and agrees with Grantor that it shall maintain
reasonable access to Grantor's appurtenant property at all times during the exercise of rights granted herein, and
that it shall promptly restore the easement premises upon completion of any project undertaken in the exercise of
these rights. It is expressly understood that Grantor reserves all rights of ownership of the easement premises not
inconsistent with the easc"ment rights granted herein.
Grantor warrants and covenants with Grantee that it is the owner of fee simple title to the herein described
easement premises, and that Grantor has full right and lawful authority to grant and convey this easement to
Grantee, and that Grantee shall have quiet and peaceful possession, use and enjoyment of this easement.
This easement is binding upon the Grantor, the Grantee, their heirs, successors and assigns. The rights
granted herein shall be perpetuc;,1 and irrevocable and shall run with the land, except by the written mutual
agreement of both parties, or by cloandonment of the easement premises by Grantee.
Page 2 - Drainage & Utility Easement
Grantor: Flamingo Bay Condominium Developers, LLC
Grantee: City of Clearwater
RE: 08-29-15-17604-000-0030
31
IN WITNESS WHEREOF, the undersigned grantor has caused these presents to be duly executed this
day of ~f\. '1 , 2007.
Signed, sealed and delivered
in the presence of:
FLAMINGO BAY CONDOMINIUM DEVELOPERS,
LLC, a Florida limited liability COMPANY
By:
ing Member
STATE OF FLORIDA
: 55
COUNTY OF PINELLAS
Before me, the undersigned authority, personally appeared Agostino DiGiovanni, as Managing
Member of FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a Florida limited liability company, who
executed the foregoing instrument on behalf of said entity, and who acknowledged the execution thereof to be his
free act and deed for the use and purposes therein set forth.
'-1Y} ~ ~ My commission expires:
Notary F! lie - State Florida
--'lIJ f}~ I<A N ,f~v' e ~ {r"\....
Type/Print Name
['lP Personally Known
[ ] Produced Identification
Type of Identification Produced
~~w.~~ Mary Kanarvogel
~:(~\~ Commission # 00518986
-:'~"~~ Expires March 8, 2010
'/f,{f..~~,. ;on_ Troy ~1lI\ -lneut8n...lnc. 80Cl-385-7019
EGP/mk
G :/Epgrp/2 ndofc/FI BayCondoDev/City /DU Easmt
II
CONSENT & JOINDER
II
The undersigned being owner and holder of an equitable interest in the real property described
herein byvirtue of the lien of mortgage created in that certain Mortgage, Note and other instruments of
security dated December 14, 2004, given in favor of the undersigned, as recorded in the Public
Records of Pinellas county, Florida, commencing at O. R. Book 14404, Page 1045, et seq., as
modified and amended by that certain Mortgage Spreader Agreement dated January 18, 2005 and
recorded in the Public Records of Pinellas County, Florida commencing at O.R. Book 14067, Page
1938, et seq" and as further modified and amended by that certain Mortgage Spreader Agreement
dated Mav 31 , 2007 and recorded in the Public Records of Pinellas County, Florida,
commencing at O.R. Book 15832, Page 719, et seq., as the same may be further modified and
amended hereafter, does hereby join with FLAMINGO BAY CONDOMINIUM DEVELOPERS, LLC, a
Florida limited company, Grantor/Mortgagor, and consents to the herein described grant of a Drainage
& Utility Easement dated #'1.41 3/ ,2007 as conveyed to the City of Clearwater,
Florida; and hereby subordinates all of its right, title, interest and claim in the lien evidenced by
aforesaid instruments as same may encumber the easement rights as conveyed by Grantor/Mortgagor.
: 55
The foregoing instrument was acknowledged before me this ~ day of J L>.~ ,
2007 by :To....o-r'-S T fYlmre , as Sc\""'l\o\ \j 'c(""~ Pf~'t,,(c1~r- 1-: of
REGIONS BANK, an Alabama Banking Corporation, mortgagee in the above-described lien, who
executed said instrument on behalf of said institution, and who acknowledged the ex~~tion thereof to
be h_ free act and deed for the uses and purposes therein expressed, and who .0J is personally
known to me or who [ ] did provide as
identification.
ct~l~~
Type/Print Name
My Commission Expires: \- 'Z.~cr
,~. a\, Karen R Junco
; ...'i ~ My CommissiOn 00218072
.,....,,; f~rF Expires January 28, 2008
0'''''. "!I.<. Karen R Junco
"1 ~ '.".' r.ommissiOn 00216072
'.1'( I" 1':;;" ":. ., "ir"!llary 28, 2008
KLEIN & STAUB SURVEYING, INC
PROFESSIONAL SURVEYORS AND MAPPERS
8016 OLD COUNTY ROAD No. 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150
SKETCH AND LEGAL DESCRIPTION:
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I 15.00' DRAINAGE
EASEMENT "A"
# Ll
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POINT OF __ L2
BEGINNING u
POINT OF /,
COMMENCEMENT../ J
SW COR LOT 3A
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GRAPHIC SCALE
20 0 10 20
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( IN FEET )
1 inch = 20 ft.
LEGAL DESCRIPTION:
A 15.00 FOOT EASEMENT FOR DRAINAGE PURPOSES OVER A PORTION
OF LAND LYING IN SECTION 8, TOWNSHIP 29 SOUTH, RANGE 15
EAST, PINELLAS COUNTY, FLORIDA, BEING ALSO A PORTION OF LOT
3A, COLUMBIA SUB NO.3, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF
SAID LOT 3A, THENCE A DISTANCE OF 5.08 FEET ALONG A CURVE
TO THE LEFT HAVING A RADIUS OF 6567.52 FEET, A CHORD
DISTANCE OF 5.08 FEET AND A CHORD BEARING OF N090 33'58"E TO
THE POINT OF BEGINNING; THENCE CONTINUE A DISTANCE OF 15.00
FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6567.52
FEET, A CHORD DISTANCE OF 15.00 FEET AND A CHORD BEARING OF
N090 28' 43"E; THENCE S80030'51"E A DISTANCE OF 10.00 FEET;
THENCE A DISTANCE OF 15.00 FEET ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 6577.52 FEET, A CHORD DISTANCE OF 15.00
FEET AND A CHORD BEARING OF S090 28'43"W; THENCE N80030'51"W
A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 150.00 SQUARE FEET, MORE OR LESS.
------
CLEARWATER HARBOR
UNPLATTED
-----
NOTES:
THIS IS NOT A BOUNDARY SURVEY. THIS
IS A SKETCH OF DESCRIPTION TO DEPICT
NEW DRAINAGE EASEMENT.
CURVE TABLE
CURVE DELTA RADIUS LENGTH CHORD BEARING
C1 00 02' 40" 6567.52 5.08 5.08 N090 33'58"E
C2 0007'51" 6567.52 15.00 15.00 N090 28' 43"E
C3 0007'50" 6577.52 15.00 15.00 5090 28' 43"W
LINE TABLE
LINE LENGTH
Ll 10.00
L2 10.00
BEARING
S80030'51"E
N80030'51"W
05-22-07
Jack W. Smith Date of Signature
Professional Surveyor Ilc Mapper Number 6140
DRAINAGE EASEMENT "A"
JOB No. 040094
DATE: 05-22-07
SHEET:
1 OF 3
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II AFFIDAVIT OF NO LIENS II
STATE OF FLORIDA
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COUNTY OF PINELLAS
BEFORE ME, the undersigned authority, personally appeared Agostino
DiGiovanni, as Manager Member of FLAMINGO BAY CONDOMINIUM DEVELOPERS,
LLC, a Florida limited liability company, whom, being first duly sworn, does depose and
say:
1. That said limited liability company is the owner of legal and equitable title to the
following described property in Pinellas County, Florida, to wit:
COLUMBIA SUBDIVISION NO.3, the Southerly 45 feet of Lots 2 and 2A, and all
of Lots 3, 3A, 4 and 4A, as recorded in Plat Book 27, Page 46, of the Public
Records of Pinellas County, Florida.
2. That said property is now in the possession of the record owner.
3. That there has been no labor performed or materials furnished on said property for
which there are unpaid bills for labor or materials against said property, other than those
that will be paid during the normal course of business, except: (if none, enter "NONE")
NOTE: If no entry, it will be deemed that Affiant has entered "NONE".
4. That other than easements and restrictions of record, there are no liens or
encumbrances of an\1 nature affecting the title of the property hereinabove described,
except:
That certain mortgage and note and other instruments of security dated December
14,2004 given in favor of REGIONS BANK, an Alabama Banking Corporation
authorized to conduct business in the State of Florida, as recorded in Official
Records Book 14004, commencing at Page 1045, Public Records of Pinellas
County, Florida; as modified by that Mortgage Spreader Agreement dated January
18, 2005 as recorded in Official Records Book 14067. commencing on Page 1938,
Public Records of Pinellas County, Florida, as modified by that Mortgage Spreader
Agreement dated of even date herewith as same may be hereafter further amended
and modified.
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5. That it is hereby warranted that no notice has been received for any public hearing
regarding assessments for improvements by any government, and it is hereby
warranted that there are no unpaid assessments against the above described
property for improvements thereto by any government, whether or not said
assessments appear of record.
6. That there are no outstanding sewer service charges or assessments payable to any
government.
7. That the representations embraced herein are for the purpose of inducing the CITY
OF CLEARWATER, FLORIDA, its agents, successors and assigns to rely thereon.
By'il~~'
its Managing Member
Sworn to and subscribed to before me this ~ day of
2007.
~~~~ida
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Print/Type Name
MAl
My Commission Expires
~,-;..~~{'f.?o/..-. Mary K~narvogel
=:r/J;.-\~: CommissIOn # 00518986
~~..~l~ Expires March 8, 2010
":'~Pf:t~" Bond"<l rltlv F.ilI -1""""_, ill" SQMil-7019
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KLEIN & STAUB -SURVEYING, INC
PROFESSIONAL SURVEYORS AND MAPPERS
8016 OLD COUN1Y ROAD No, 54 NEW PORT RICHEY, FLORIDA 34653 OFFICE: 727-834-8140 FAX: 727-834-8150
SKETCH AND LEGAL DESCRIPTION:
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I 15.00' DRAINAGE
EASEMENT "A"
# II
--- "
---::: :::-?~-Rfp
-----(1 ::::::-,.,
-u
POINT OF _ L2
BEGINNING (j
POINT OF /
COMMENCEMENT.../
SW COR LOT 3A
!
N
GRAPHIC SC ALE
20 0 10 20
~ I I
( IN FEET )
1 inch = 20 ft.
LEGAL DESCRIPTION:
A 15.00 FOOT EASEMENT FOR DRAINAGE PURPOSES OVER A PORTION
OF LAND L YlNG IN SECTION 8. TOWNSHIP 29 SOUTH, RANGE 15
EAST, PINELLAS COUNTY, FLORIDA, BEING ALSO A PORTION OF LOT
3A, COLUMBIA SUB NO.3, ACCORDING TO THE MAP OR PLAT
THEREOF RECORDED IN PLAT BOOK 27, PAGE 46, OF THE PUBLIC
RECORDS OF PINELLAS COUNTY FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF
SAID LOT 3A, THENCE A DISTANCE OF 5.08 FEET ALONG A CURVE
TO THE LEFT HAVING A RADIUS OF 6567.52 FEET. A CHORD
DISTANCE OF 5.08 FEET AND A CHORD BEARING OF N09.33'58"E TO
THE POINT OF BEGINNING; THENCE CONTINUE A DISTANCE OF 15.00
FEET ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 6567_52
FEET, A CHORD DISTANCE OF 15.00 FEET AND A CHORD BEARING OF
N09. 28' 43"E; THENCE S80.30'51"E A DISTANCE OF 10.00 FEET;
THENCE A DISTANCE OF 15.00 FEET ALONG A CURVE TO THE RIGHT
HAVING A RADIUS OF 6577.52 FEET, A CHORD DISTANCE OF 15.00
FEET AND A CHORD BEARING OF SOg. 28' 43"W; THENCE N80.30'51"W
A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 150.00 SQUARE FEET, MORE OR LESS.
-------
CLEARWATER HARBOR
UNPLATTED
----
NOTES:
THIS IS NOT A BOUNDARY SURVEY. THIS
IS A SKETCH OF DESCRIPTION TO DEPICT
NEW DRAINAGE EASEMENT
CURVE TABLE
CURVE DELTA RADIUS LENGTH CHORD BEARING
Cl 0.02' 40" 6567.52 5.08 5.08 N09.33'58"E
C2 0.07'51" 6567.52 15.00 15.00 N09. 28' 43"E
C3 0.07'50" 6577.52 15.00 15.00 SOg. 28' 43"W
'"--""--
LINE TABLE
LINE LENGTH
Ll 10.00
L2 10.00
BEARING
S80.30'51"E
N80.30'51"W
05-22-07
Jock W. Smith Dote of Signature
Professional Surveyor lie Mapper Number 6140
DRAINAGE EASEMENT "A"
JOB No. 040094
1 OF 3
DATE: 05-22-07
SHEET: